Part 5AProtected information

Part 5A Protected information Section 36 page 44 Auditor-General Act 1996 Effective: 18/09/24 R22 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to an entity prescribed by regulation. Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). Note 2 If the protected information used or divulged under s (3) or s (4) is provided by a person under s 14, the information and any information directly or indirectly derived from it may not be admissible in evidence against the person in another criminal proceeding (see s 14D). (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the territory. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish. person to whom this section applies means— (a) a person who is or has been— (i) the auditor-general; or (ii) anyone acting under the direction or authority of the auditor-general; or (b) anyone else who has exercised a function under this Act. produce includes allow access to. use information includes make a record of the information. Note The Crimes Act 1900, s 153 also deals with disclosure of information by public employees or people performing services for the Territory or a territory authority. Section 36 applies to the auditor-general and anyone else who has exercised a function under the Act.

Protected information Part 5A Section 36A R22 18/09/24 Auditor-General Act 1996 Effective: 18/09/24 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au